Court Refuses to Vacate ERAP Stay During Pending Holdover Proceeding

November 23, 2022

LVT Number: #32331

Landlord sued to evict tenant's unregulated tenancy. The proceeding was stayed when tenant applied for assistance under the Emergency Rental Assistance Program (ERAP). Landlord then asked the court to vacate the ERAP stay. The court ruled against landlord, finding that the ERAP stay was automatic under the law and that the court couldn't vacate it. Landlord must wait for the NY State Office of Temporary and Disability Assistance (OTDA) to make a ruling on tenant's application.

Landlord sued to evict tenant's unregulated tenancy. The proceeding was stayed when tenant applied for assistance under the Emergency Rental Assistance Program (ERAP). Landlord then asked the court to vacate the ERAP stay. The court ruled against landlord, finding that the ERAP stay was automatic under the law and that the court couldn't vacate it. Landlord must wait for the NY State Office of Temporary and Disability Assistance (OTDA) to make a ruling on tenant's application.

Williams v Wilson: Index No. 300356/20, NYLJ No. 1664862965 (Civ. Ct. Kings; 9/25/22; Weisberg, J)

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